Disability and domestic violence: protecting survivors' human rights

Harpur, Paul and Douglas, Heather (2014) Disability and domestic violence: protecting survivors' human rights. Griffith Law Review, 23 3: 405-433. doi:10.1080/10383441.2014.1000241

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Author Harpur, Paul
Douglas, Heather
Title Disability and domestic violence: protecting survivors' human rights
Journal name Griffith Law Review   Check publisher's open access policy
ISSN 1038-3441
Publication date 2014
Year available 2014
Sub-type Article (original research)
DOI 10.1080/10383441.2014.1000241
Open Access Status File (Publisher version)
Volume 23
Issue 3
Start page 405
End page 433
Total pages 29
Place of publication Melbourne, VIC, Australia
Publisher Taylor & Francis Australasia
Collection year 2015
Language eng
Abstract Survivors with disabilities experience domestic violence both more often and differently to those who do not have a disability. The presence of impairment substantially transforms the medical, psychological, environmental, economic, legal and political factors which contribute to the occurrence of violence. Survivors of domestic violence are often highly dependent on their abuser, fear disclosing abuse and lack economic independence, and these issues may be heightened for a person who also has a disability. Domestic violence is amplified by the existence of impairment when law enforcement and medical bodies construct the survivor and their relationship with the perpetrator through an oppressive disability model. Advances in theory and international disability human rights laws may provide new and powerful avenues to critique how law and practice in Australia responds to disability domestic violence. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is the first human rights convention to specifically protect survivors with disabilities from domestic violence. In this article, we use critical disability studies and the CRPD to identify limitations with Australia's responses to disability domestic violence.
Keyword Domestic violence
Human rights
Persons with disabilities
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2015 Collection
TC Beirne School of Law Publications
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Citation counts: Scopus Citation Count Cited 2 times in Scopus Article | Citations
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Created: Thu, 26 Mar 2015, 16:59:56 EST by Carmen Buttery on behalf of T.C. Beirne School of Law